Hyams v English [1981] JLR 89 (17 July 1981)

Hyams v English [1981] JLR 89 (17 July 1981)

Appellate courts should not overturn trial court findings of fact based on witness evidence unless convinced the decision is wrong; mere doubt is not enough.

Citation
[1981] JLR 89
Parties
Appellant: Hyams; Respondent: English
Jurisdiction
Jersey
Judgment Date
17 July 1981
Procedural Posture
Civil Appeal / Appellate
Legal Topics
Appeals, Findings of Fact, Appellate Review
Civil Procedure Appeals Findings of Fact Appellate Review

Case Brief

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Parties

Hyams

Appellant

English

Respondent

Procedural Posture

Civil Appeal / Appellate

Legal Issues

  1. 1 When should an appellate court overturn a trial court's findings of fact based on witness evidence not seen by the appellate court?

Ratio Decidendi

Appellate courts should not overturn trial court findings of fact based on witness evidence unless convinced the decision is wrong; mere doubt is not enough.